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Minutes - 2009 - Planning & Zoning - 02/23/2009 - Regular THE CITY OF EAGLE Planning & Zoning Commission Minutes February 23, 2009 ORIGINAL 1. CALL TO ORDER: Chairman Tanner called the meeting to order at 6:00 p.m. 2. ROLL CALL: Present: Tanner, Roehling, Smith Absent: Aizpitarte 3. CONSENT AGENDA: . Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Chairman, a Commissioner, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the Rules of Order. . Any item on the Consent Agenda that contains written recommendations from the City of Eagle shall be adopted as part of the Planning & Zoning Commission's Consent Agenda approval motion unless specifically stated otherwise. A. Minutes of February 2, 2009. Smith moves to accept the consent agenda as well as the Minutes of February 2, 2009, as published. Seconded by Roehling, ALL AYE...MOTION CARRIES. 4. PUBLIC HEARINGS: A. CU-05-08 - Conditional Use Permit for a Montessori School Facility - Montessori Academy: Montessori Academy, represented by Mike and Jody Malterre, is requesting conditional use approval for a Montessori school facility (kindergarten through 8th grade). The site is currently being used by Northstar Charter School and is located on the east side of Park Lane approximately 350 feet north of Floating Feather Road at 1400 Park Lane (located upon Lot 1, Block 1, within Cavallo Estates Subdivision). ChairmanTanner introduces the item. Mike Malterre, 1797 W. Floating Feather Road, reviews the application. He provides clarification on the report that it should state pre-school through 8th grade rather than kindergarten through 8th grade at the school. He stands for questions from the Commission. The Commission has no questions at this time. Planner Vanegas reviews the Staff Report. He stands for questions from the Commission. Chairman Tanner asks about the cross-access agreement with the church to the south and the school. Planner Vanegas states that the document was drafted by the City Attorney and he was not sure if the document has been recorded. Upon approval of this new Conditional Use Permit, the latest agreement will be recorded. Smith asks if the only change would be the tenants and name change. Planner Vanegas states that would be correct. Roehling asks what grades are currently attending the charter school. Planner Vanegas responds that it is pre-school through 8th grade and as he understands it the grades would remain the same. Roehling states he has concerns about there not being any fencing. Page 1 of3 KIP&ZIMlNUTES\Temporary Minutes Work AreaIPZ-02-23-09min.doc Chairman Tanner opens the public hearing. John Green, 1232 N. Park Lane, states he lives across the street from the church and has never been notified of this application. He asks about the access agreement and ifthere is any compensation received. Planner Vanegas states he believes there is none and notification would only occur from the property line of the school. Jill Holinka, City Attorney, provides clarification on the State Code pertaining to notifications. Mr. Green states he feels there is not enough room for the students. He sees them sitting outside to eat and assumes there is not enough room. He thought there was going to be a reduction. Dottie Green, 1232 N. Park Lane, states her concern was back when the City agreed to let the portables go in. She thought the portables are expected to come down. Planner Vanegas states the portables are expected to come down and the new agreement does not change that. Mrs. Green states she has observed the children eating outside and states there is a trash problem with the students having lunch outside. She also expresses her concerns about the traffic. Allan Gliege, 3951 W. Lorenzo Lane, lives at the property adjacent to the school and has concerns about the portables. He just wants to make sure they are eventually removed. He feels the external heating units are a noise nuisance. Additionally he has concerns about his horses being played with by the kids and the risk of kids possibly getting kicked. He agrees with the neighbors about having fencing around the facility. He discusses his concerns about traffic. The school does use the church property for P.E. activities and when they are running they are extremely close to the traffic on Floating Feather. He feels there should be a way to keep the kids from the road and the horses. Mike Malterre rebuts the public testimony. The area where the portables are will become the play area with grass. He states there is no compensation for the use of the church property. Also, there will be no buses. It is all cars and there are staggered drop-off and pick-up times. He hopes this will reduce traffic. He states that there will be a fence for where the younger kids will be. Lastly he states he does not believe that the current school has pre-K. General discussion from Commissioners. Smith states he is glad the neighbors came to speak. Roehling clarifies that the plan would be to fence and asks of any possibility of putting fence next to the horses. General discussion regarding maximum capacity for the building. As far as the City is concerned, the Eagle Building Department and the Eagle Fire Department are the appropriate contacts for these questions. Planner Vanegas gives clarification on the standard conditions. General discussion regarding maximum capacity for the building. Chairman Tanner closes the public hearing. Smith states he is pleased to hear the input from the neighbors and feels the applicant has answered the questions fairly and accurately. He is in support of the application. Roehling is satisfied with answers he received. He is comfortable with the plan for fencing but still has concerns about the neighboring horses. General discussion regarding the fencing of the pasture and keeping the kids out. Chairman Tanner agrees with the concern of the livestock. Discussion on the pre-kindergarten kids being in their own fenced area and the cost of fencing along the existing horse fence. Discussion regarding wrought iron fencing being un-climbable. Page 2 of3 KIP&Z\MINUTESITemporary Minutes Work AreaIPZ-02-23-09min.doc Mr. Gliege, the owner of the horses, discusses the past experience with the school has included balls, toys, etc. over the fence. He figures there will still be interaction and feels comfortable with the idea of a fence. Roehling feels inclined to improve the fence. Animals can be unpredictable. Smith is in support of that. Tanner agrees. General discussion regarding expenses. Planner Vanegas explains the requirements of the City's Design Review process. Jill Holinka, City Attorney, agrees that there should be an agreement between the owners along with a reiteration of the costs. Tanner moves to recommend approval for CU-05-08 - Conditional Use Permit for a Montessori School Facility - subject to the Site Specific Conditions of Approval and the Standard Conditions of Approval proposed by staff with the following changes to the conditions: #1 - changing kindergarten to preschool and adding Site Specific Condition of Approval #9 - requiring Design Review for the fence that will be installed for the protection of pre-school and kindergarten children during recess; adding Site Specific Condition of Approval #10 - a requirement that the applicant and owner to the north work on a resolution as to a fence, or a modification to the existing fence, that will resolve the concerns of livestock/children interaction, while at the same time still considering the expense and cost involved, with the intent to keep the cost as low as possible. Seconded by Smith. ALL A YE...MOTION CARRIES. 5. REPORTS: A. Commission: None B. City Attorney: None C. Staff: None 6. ADJOURNMENT: Tanner moves to adjourn. Seconded by Roehling. ALL A YE...MOTION CARRIES. Hearing no further business the Eagle Planning and Zoning Commission meeting adjourned at 7:15 p.m. RESPECTFULLY SUBMITTED: ",....."" "., ", ,,":\...f, * #'" ..'" bt. U ......... '., ..' rh~ -.. ~ ~ .. 0 ~ : "'V.- 'tit.. / e. ~.__ .. t. . Lt..." <",. '.,J" .. - ........ ~ ...... ~:, : 0: 0 ,....; p. <<.>.0 : . . Q" oJ. '" . : )-<. 0'.: · ~ 1-:.....: .. , r., -.:. -. _ .. to"'. 0 .....~. 4.. - '\ '-0....0 '" ~'l,o." 0 1 -:.. .. I~CO... ~ " " ........ '\. .... ", * s'\ ~ ", '#" ,.., ",.......'" >>~\( ~.a-o-~ SHARON K. BERGMANN CITY CLERK/TREASURER APPROVED: ~-~ GARYTANN CHAIRMAN --- Page 3 of3 KIP&ZIMINUTESITemporary Minutes Work AreaIPZ-02-23-09min.doc EAGLE PLANNING & ZONING PUBLIC HEARING SIGN-UP SHEET CU -05-08 - Conditional Use Permit for a Montessori School Facility - Montessori Academy: NAME ()?1c r\ February 23, 2009 ADDRESS/ TESTIFY TELEPHONE/E-MAIL YES/NO? PRO/CON 1 o'13c . . 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